Weekly Legal Updates for Law Entrance Exams (15th-21st September 2019)

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Updated : Sep 24, 2019, 17:41

By : Surajit Bhaduri

Dear Students,

In this post, we have covered the Legal updates of the third week of September (15-21). "Weekly Legal Updates" series aims to provide important legal events and developments. These updates will help aspirants appearing for Law Entrance Exams.

1. Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira

The Supreme Court in Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira has held that the Portuguese Civil Code, 1867as applicable in the State of Goa, shall govern the rights of succession and inheritance even in respect of properties of a Goan domicile situated outside Goa, anywhere in India.

2. Justice Meenakshi Madan Rai as the Acting Chief Justice of the Sikkim High Court

In exercise of the powers conferred by Article 223 of the Constitution of India, the President of India has appointment Justice Meenakshi Madan Rai as the Acting Chief Justice of the Sikkim High Court.

Justice Protik Prakash Banerjee of the Calcutta High Court recently recused himself from hearing a matter after a party raised objection over the judge being a Facebook friend of an appearing counsel.

4. Ghulam Nabi Azad got the permission to visit his home state

A bench of Chief Justice Ranjan Gogoi and Justices S. A. Bobde and Abdul Nazeer of the Supreme Court has allowed Senior Congress leader and former Jammu and Kashmir chief minister Ghulam Nabi Azad to visit his home state to enquire about the well-being of the people.

Earlier, the Supreme court allowed former Jammu and Kashmir chief minister Mehbooba Mufti's daughter Iltija to meet her in Kashmir, where she is under detention following the revocation of the state's special status.

5. Former J&K CM Farooq Abdullah booked under Public Safety Act

Former Jammu and Kashmir chief minister and MPFarooq Abdullah was detained at his residence in Srinagar under the Public Safety Act (PSA), making him the first political figure to be held under the Act. Under PSA a person can be kept in custody for two years without trial.

Note:

Sheikh Abdullah (father of Farooq Abdullah) brought the Act to prevent timber smuggling and tackle terrorism in the state of Jammu and Kashmir.

Jammu & Kashmir Public Safety Act, 1978 is a preventive detention law, under which a person is taken into custody to prevent him or her from acting in any manner that is prejudicial to “the security of the state or the maintenance of the public order”.

It is very similar to the National Security Act that is used by other state governments for preventive detention.

6. NGT issued directions to Delhi Jal Board

National Green Tribunal has issued directions to Delhi Jal Board (DJB), Central Pollution Control Board (CBCB) and Ministry of Jal Shakti for installation of Rainwater Harvesting Systems (RWH) in view of the depleting levels and contamination of potable groundwater.

7. Justice P Lakshmana Reddy appointed as first Lokayukta of Andhra Pradesh

Justice P. Lakshmana Reddy, a retired judge of the Andhra Pradesh High Court, was sworn in as the state's first Lokayukta on 15th September.

Governor Vishwabhushan Harichandan administered the oath of office to Justice (retd) Reddy at a function in Vijayawada.

Chief Minister YS Jaganmohan Reddy, High Court Judge, senior government officials were present on the occasion.

8. Four new judges appointed as SC Judge

Justice Krishna Murari, Justice S Ravindra Bhat, Justice V Ramasubramanian and Justice Hrishikesh Roy have been appointed as Supreme Court judges by the President of India. With this, the number of judges in the court has increased to 34.

Supreme Court Collegium

The Supreme Court Collegium is the panel of judges vested with the responsibility of appointments and elevations of Chief Justices and judges of the Supreme Court and high courts of the country.

Supreme Court Collegium is headed by the Chief Justice of India and comprises of the four other senior-most judges of the Supreme Court.

Note:

The Supreme Court (Number of Judges) Act, 1956 originally provided for a maximum of ten judges (excluding the CJI).

This number was increased to 13 by the Supreme Court (Number of Judges) Amendment Act, 1960, and to 17 in 1977.

Till the end of 1979, the working strength of the Supreme Court was, however, restricted to 15 judges by the Cabinet (excluding the CJI). But the restriction was withdrawn at the request of the chief justice of India.

In 1986, the strength of the top court was increased to 25, excluding the CJI.

Subsequently, the Supreme Court (Number of Judges) Amendment Act, 2009 further augmented the strength of the court from 25 to 30.